Mahmood v. McHugh

Filing 23

ORDER GRANTING MOTION TO DISMISS by Magistrate Judge Paul Singh Grewal granting 11 (psglc2, COURT STAFF) (Filed on 1/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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IRFAN MAHMOOD,

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Plaintiff,
v.

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JOHN MCHUGH,
Defendant.

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Case No. 5:14-cv-02365-PSG
ORDER GRANTING MOTION TO
DISMISS
(Re: Docket No. 11)

Defendant John McHugh seeks to dismiss a complaint filed by Plaintiff Irfan Mahmood
alleging discrimination and retaliation. Mahmood has not filed an opposition to the motion, nor

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does he seek to do so. In fact, he filed a statement of non-opposition asking the court to decide the
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motion on the papers. 1 Mahmood is represented by counsel.
In the absence of any opposition, the court is persuaded that Mahmood’s discrimination

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claim is barred because he failed to exhaust administrative remedies as to that allegation before

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filing a civil action in federal court. 2 Mahmood did satisfy his administrative remedy requirements

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as to his retaliation claim by filing a complaint with the EEOC, but before this suit, his
discrimination claim had never seen the light of day.

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See Docket No. 22.

See Pesek v. Gates, 247 F. App’x 62, 63 (9th Cir. 2007).
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Case Nos. 5:14-cv-02365-PSG
ORDER GRANTING MOTION TO DISMISS